Thinking About Custody of Embryos

Author: MatadorAdmin Posted on: . Filed in: Family Law.


Family Lawyer Bloomington, IL

There is usually a great deal of hope that surrounds the process of creating embryos for use in fertility treatments. Hope is important. Hope is powerful and arguably necessary during fertility treatment. But it is also important that individuals carefully consider the legal ramifications of the embryo creation process. While maintaining hope and focusing on an optimistic outlook, it is critical to logically and methodically consider certain legal rights and responsibilities that accompany certain fertility actions. Failure to do so can lead to significant legal and financial challenges down the road.

Most fertility treatments that involve the creation of embryos result in an excess of embryos that are not immediately utilized. These embryos are then stored over time for possible future use. And although it can be difficult to think about the myriad of circumstances that could lead to questions of custody related to these unused embryos, it is important to do so. Although you understandably hope that you will never need to “battle” for the custody, use and or management of your unused embryos, it is critical to consider the legal consequences of failing to do so. Your future self will not thank you for failing to safeguard the ways in which you want your unused embryos to be managed from a legal standpoint.

Embryo Custody Considerations

If you and your spouse or romantic partner are no longer involved, who will or will not be able to use remaining embryos? How will you resolve any disputes you may have about custody of unused embryos should one arise? How will your embryos be managed if you or a romantic partner/spouse dies? Is embryo donation an option you will consider and if so, at what point? When may unused embryos be destroyed? These questions are tough. Thankfully, a family law attorney with experience in fertility matters will be able to help guide you through the process of answering these questions in a legally enforceable way.

Also, please note that should you already find yourself affected by an embryo custody dispute that an experienced attorney will be able to provide support and guidance as you navigate this challenging legal situation.

Legal Guidance Is Available

Whether you are new to fertility treatment, have already created embryos but not yet used any of them or have concerns about the future management of existing embryos that you may or may not need, please consider connecting with an experienced family law attorney today. The area of law that governs fertility matters continues to evolve and tends to manifest very differently in different states. It is therefore important not to assume that you know how your embryos will be legally managed simply because you know others who have navigated a similar process.

Whether you are single, happily partnered or married, thinking about divorce, currently divorcing or already divorced, your embryos remain legally unprotected and unmanaged in specific ways until you take steps to ensure that they are properly safeguarded. Please do not hesitate to connect with an experienced family lawyer Bloomington, IL relies on today in order to explore your legal rights, responsibilities, and options generally.

Thanks to Pioletti & Pioletti for their insight into family law and custody of embryos.